Chattisgarh High Court
Sukalu Ram Futan vs State Of Chhattisgarh on 10 June, 2025
1/3
Digitally
signed by
BHOLA
BHOLA NATH
NATH KHATAI
KHATAI Date:
2025.06.11
18:56:44
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 867 of 2025
Sukalu Ram Futan S/o Late Tenuram Futan Aged About 50 Years R/o.
Chitaud, P.S. Gurur, District- Balod (C.G.)
...Appellant
versus
State Of Chhattisgarh Through P.S.- Gurur, District- Balod (C.G.)
... Respondent
Order Sheet
Mr. Prasoon Agrawal, counsel for the appellant.
10/06/2025
Ms. Laxmeen Kashyap, P.L. for the State.
Heard on I.A. No.01/2025, application for suspension
of Sentence & fine amount and Grant of bail.
By the impugned judgment dated 22.04.2025 passed
by learned Special Judge, SC/ST (P.A. Act), Balod, District
Balod (C.G.) in Special Session Case No.118/2020, the
appellant has been convicted for the offence punishable
under Section 456/34 of IPC and sentenced to undergo RI
for 3 years with fine of Rs.500, in default of payment of fine
to undergo additional RI for 1 month.
The allegation against the present appellant is that he
entered the house of the prosecutrix on 21.06.2020 at
around 7:30 pm to help co-accused Purmanand Sahu who
has been convicted and sentenced under the SC/ST Act.
Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case as there is a material omission and contradiction in the
evidence of the prosecutrix. He submits that during trial the
appellant was on bail and even after passing of the
impugned judgment, he is on bail. The appellant has
already deposited the fine amount imposed upon him. He
submits that the maximum sentence imposed upon the
appellant is 3 years out of which he has already served the
jail sentence of 18 days. Therefore, the jail sentence of the
appellant may be suspended till the final disposal of the
case.
On the other hand, learned State counsel opposes
the bail application.
Considering the entire facts and circumstances of the
case particularly the fact that the appellant is already on
bail, the fine amount has already been deposited, the
appellant has already served the jail sentence of 18 days
and the final disposal of this appeal is likely to take
considerable time, the application (I.A. No.01) is allowed. It
is directed that the substantive jail sentence imposed upon
the appellant shall remain suspended till final disposal of
this case on his executing a personal bond for a sum of Rs.
25,000/- with one surety for the like sum to the satisfaction
of the trial Court for his appearance before the Registry of
this Court on 9th July, 2025. He shall thereafter appear
before the concerned trial Court on a date to be given by
the Registry of this Court and thereafter, continue to appear
before the trial Court on all such subsequent dates as are
given to him by the said Court till disposal of this appeal.
Records of the Trial Court has already been received.
List this case along with CRA No.940/2025.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
